Italian Detention of German NGO Ship Raises Questions on EU Closed-Door Policy and Maritime Law Compliance

The German non-governmental rescue vessel, Humanity 1, was detained by Italian authorities for 20 days following intervention by the Libyan Coast Guard in a rescue operation. The vessel, managed by SOS Humanity, was seized on allegations the German aid organisation and its captain maintain are baseless. Read More

The ship was held by Italian enforcement under the Piantedosi Decree, recently enacted by Italy’s Chamber of Deputies. This legislation brought about a tougher stance on charities involved in migrant rescues at sea imposing more stringent requirements and severe repercussions, like fines and impoundment of ships. Learn More

Humanity 1 was involved in a rescue mission in international waters on March 2, with obligations under Article 98 of the United Nations Convention on the Law of the Sea due to its immediate presence at the scene. The mission was interrupted by the Libyan Coast Guard, which threatened to use armed force to have survivors return to Libya. After rescuing 77 migrants, the ship was instructed to a far port to disembark survivors amidst a storm forecast. Italian authorities allowed the ship to dock at the closer port of Crotone on Sunday, detaining the vessel post disembarkation. SOS Humanity claimed this inaction of providing the fastest possible disembarkation at a safer location goes against the international maritime law.

The German aid organization has accused the Libyan Coast Guard of contravening international law by disrupting the rescue operation, and criticized the EU for condoning such infractions via its ‘closed-door policy’ and funding to the coast guards. Here’s More

Notably, the Italian government, in September 2023, issued a decree obligating asylum seekers to furnish a financial guarantee to avoid detention during the application process and to earn the right to enter Italy as asylum seekers. More Info